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Chapter Nine - Attempts to Set Aside an Award

Published online by Cambridge University Press:  05 June 2012

Margaret L. Moses
Affiliation:
Loyola University, Chicago
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Summary

A party that has lost before an arbitral tribunal faces an uphill battle if it wishes to set aside or vacate the award. Courts rarely overturn an arbitral award. Because arbitral awards are considered to be final and binding, for the most part they cannot be challenged on the merits, but only on procedural grounds or grounds of arbitrator misconduct or bias. One of the touted advantages of an arbitration is the finality of the award, and arbitration laws and rules support finality by making it difficult to set aside an award. Nonetheless, steps can be taken by a determined party that believes an award was improperly made.

METHODS OF CHALLENGE

The most common method of challenge is to bring an action to annul, set aside, or vacate the award (the terms differ in different jurisdictions) in the court at the situs of the arbitration. This is the appropriate place to challenge the award, because the court at the situs is considered to have supervisory jurisdiction over the arbitral process to ensure that it was conducted in a fair and noncorrupt manner. The law that will govern the action will be the lex arbitri, or the curial law, which governs the arbitration proceedings at the situs. In at least seventy jurisdictions, the procedural law for challenging an award will be based on the UNCITRAL Model Law on International Commercial Arbitration, which will provide the grounds on which an award can be challenged.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2012

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References

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  • Attempts to Set Aside an Award
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.011
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  • Attempts to Set Aside an Award
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.011
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Attempts to Set Aside an Award
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.011
Available formats
×